Transfer of Property Act, 1882, Section 106, 111(h) -- Notice - Provisions of Rent Act not applicable - Lease of tenant can be determined by a notice to quit u/ss 111(h), 106 of T.P.Act...........
Transfer of Property Act, 1882, Section 106(1) -- Notice - When there was clear contract to contrary which stipulated that lease would be a monthly lease, terminable by notice of three months - Expiry of said agreement would not in itself change nature and character of tenancy and make it yearly lease - Deeming provision of S.106(1) is not attracted - Agreement having..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Identity of suit property - Suit property as described in Schedule to plaint sufficiently identifiable - There is no ambiguity with regard to suit property - Minor errors in description are of no consequence - Plea raised by tenant at the appellate stage, held, to be hyper technical and frivolous - Tenant rightly..........
Transfer of Property Act, 1882, Section 106 -- Notice - Lease - An educational institution cannot be treated differently in the matter of leases of immovable properties - S.106 of the Act makes an exception only in respect of immovable property for agricultural and manufacturing purposes...........
Evidence Act, 1872, Section 106 -- Dowry death - Burden of proof - Since no presumption could be raised taking recourse of provision of Ss.113-A, 113-B of Evidence Act and there is no charge u/s 302 IPC against accused, therefore, no question arises for accused to discharge the burden as required u/s 106 of Act...........
Transfer of Property Act, 1882, Section 106 -- Unregistered leasehold document - Evidentiary value - Even though terms could not be culled out from the said document as it is an unregistered document, however, nature of possession of person concerned can be discerned from such document...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - In the written statement defendant clearly expressed about termination of tenancy and delivery of vacant possession - Same itself is a notice of termination of tenancy...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Transfer of Property Act, 1882, Section 106 -- Counter claim - Averments made in counter claim regarding termination of tenancy themselves constitute notice as mandated u/s 106 of T.P.Act which matures upon expiry of 15 days from the date of its service upon tenant or his counsel and its prematurity has not been raised and..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Once tenancy is terminated through valid notice, thereafter any deposit of rent would not invalidate the plea of eviction claimed by landlord...........
Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Filing of suit itself can be taken as a notice for terminating tenancy and as such tenancy of tenants stood terminated and they are liable to hand over possession of tenanted premises - Suit decreed...........
